2024 PLP (C (PLC(CS))

Representation

• ----R.3(v)---Government College University Faisalabad Ordinance (LXX of 2002), S.14---Punjab Government Rules of Business, 2011, R.2(c)---Punjab Civil Servants Act (VIII of 1974), S.23---Registrar at Government College University Faisalabad, appointment of---Age relaxation---Petitioner had served as a Registrar of Government College University Faisalabad ('University') but was subsequently denied appointment being over-age---Petitioner invoked constitutional jurisdiction of the High Court calling into question vires of an order / letter dated 12-11-2021 issued by the Respondents (Government of the Punjab/ Higher Education Department,) whereby he was held disentitled to get age relaxation in terms of R. 3(v) of the Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976 ('the Rules 1976')---Contention of the petitioner was that his name for the post of Registrar was recommended by the Search Committee twice but he was not appointed---Plea of the respondents was that R.3(v) of the Rules, 1976 was applicable to civil servants and did not apply to university employees---Validity---Record revealed that earlier after conducting the interview by the Search Committee, a panel of three candidates for the post of Registrar, wherein petitioner's name was at Sr.No.1, was submitted to the respondent (Higher Education Department, Government of the Punjab) for approval of the Chancellor but the same was not materialized as in the meanwhile, a uniform criteria for the post of Registrar, Controller of Examinations and Treasurer was notified and circulated vide Notification dated 23.02.2021---Accordingly, the respondent-/University again advertised the posts including the post of Registrar (BPS-20)---Dispute, in the present case, was regarding applicability of R. 3(v) of the Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976 ('the Rules, 1976'), which read "In the case of a candidate already working as a Government servant, the period of his continuous service as such shall for the purpose of upper age limit prescribed under any service rules, of the post for which he is a candidate, be excluded from his age"---Rules, 1976 had been framed by the Governor of the Punjab by deriving authority from S. 23 of the Punjab Civil Servants Act, 1974 were applicable to the recruitment of all posts---Rule 3(v) specifically provides that period of continuous service of a Government servant shall be excluded while computing upper age limit---Said Rule does not specifically provide that it would apply to civil servants rather it is providing benefit to Government servants---High Court viewed that had the Rules making authority intended to extend benefit of R.3(v) to 'civil servants' only, it could have used these words in explicit terms in the said Rule---Term 'Government servant' connotes all Government servants including civil servants and not vice versa---Relevant Notification dated 23.02.2021 specifically envisages that age for initial recruitment would be 40 to 50 years, with age relaxation as per Government Rules, leaving no room for respondent (Higher Education Commission) to create any distinction or non-applicability of the Rules of 1976---General age relaxation and exclusion of period served in Government employment for the purpose of computation of upper age limit are two separate and distinct benefits / rights awarded to Government employees including those in contract employment---These rights can be pressed into service by Government employees seeking further employment---Rules 3(v) of the Rules of 1976 is a beneficial dispensation and is to be interpreted in a manner so as to advance the remedy---Government College University, Faisalabad, was constituted by way of the Government College University Faisalabad Ordinance, 2002, which was an 'Autonomous Body' not only in terms of R. 2(c) of the Punjab Government Rules of Business, 2011, but also had been mentioned as an Autonomous Body in all concerned entries (of the Government of Punjab including the Higher Education Department and the Finance Department)---Petitioner being Government employee was entitled for benefit of R. 3(v) of the Rules, 1976 and refusal of such right was against law / Rules and as such the petitioner had been discriminated---High Court declared the impugned letter dated 12.11.2021 to be illegal and without lawful authority and directed that recommendation of the Search Committee, vide letter dated 16.07.2021, be processed and finalized as per law at the earliest---Constitutional petition was allowed, in circumstances.
• Abid Saqi and Mudassar Farooq for Petitioner.
• Malik Muhammad Awais Khalid, Sadiq Ameen Cheema, Muhammad Azam Khalil and Muhammad Ali Bhatti for Respondents.
• Ms. Shehzeen Abdullah, Assistant Advocate General along with Ch. Rehman, Senior Law Officer and Mian Zahid, Law Officer, Higher Education Department.
• 2. Learned counsel for petitioner submits that name of petitioner for the post of Registrar was recommended by the Search Committee twice but these recommendations were neither forwarded to the Syndicate of respondent-university nor petitioner was appointed. Adds that petitioner is entitled to be given benefits of the Rules of 1976 but the same are not being extended without any lawful justification. Further submits that petitioner is being subjected to gross discrimination in the matter as a candidate one year older than petitioner (appearing at Sr.No.3 of the list of candidates for the post of Controller of Examination) has been recommended.
• 3. Learned Legal Advisor for respondent-university contends that respondent-university advertised the posts including the post of Registrar by following the terms and conditions / criteria set by Government of the Punjab, Higher Education Department vide Notification dated 23.02.2021 and after conducting the interview, recommendation of the Search Committee of three candidates (petitioner at Sr.No.1) was forwarded to Chancellor through respondent No.1, therefore, instant writ petition is not maintainable against respondent-university.
• 8. Notification dated 23.02.2021 was issued by Government of the Punjab Higher Education Department after the approval of the Provincial Cabinet of the Punjab, which prescribed terms and conditions for the post of Registrar of Government College University and it specifically envisages that age for initial recruitment would be 40 to 50 years, with age relaxation as per Government Rules, leaving no room for respondent-Higher Education Commission to create any distinction or non-applicability of the Rules of 1976.

Judgment & Decree